Victorian Independent Schools - Teachers - Award 

1. AWARD TITLE 
This award is titled the Victorian Independent Schools - Teachers - Award 1998. 

2. ARRANGEMENT 
This award is arranged as follows 
Part 1 - Application and Operation of Award 
» 1. Award Title
» 2. Arrangement
» 3. Commencement Date of Award and Period of Operation
» 4. Coverage of Award
» 5. Parties Bound
» 6. Definitions
Part 2 - Award Flexibility 
» 7. Enterprise Flexibility 
» 8. Work Organisation
Part 3 - Communication and Grievance Resolution 
» 9. Grievance Procedure 
Part 4 -Termination and Redundancy 
» 10. Redundancy
» 11. Termination of Employment
Part 5 - Classification, Remuneration and Related Matters 
» 12. Modes of Employment
» 13. Rates of Pay
» 14. Part-time Teachers 
» 15. Emergency Teachers 
» 16. Replacement Teachers 
» 17. Specified Term Employment 
» 18. Responsibility Allowances
» 19. Payment of Monies
» 20. Remuneration Packaging
» 21. Meal Allowance
» 22. Superannuation
Part 6 - Leave of Absence and Public Holidays 
» 23. Annual Leave and School Holidays
» 24. Leave Loading
» 25. Public Holidays 
» 26. Personal Leave
» 26A. Bereavement Leave
» 27. Long Service Leave
» 28. Leave Without Pay
» 29. Examination Leave
» 30. Qualification Conferral Leave
» 31. Jury Service Leave
» 32. Parental Leave
Part 7 - Other Employment Matters 
» 33. Accident Make-up Pay
» 34. Breakage and Loss
» 35. Protective Clothing
» 36. Deductions for Board and Lodging
Part 8 - Award Compliance 
» 37. Posting of Award 
» Appendix 1 - Yarra Valley Anglican School
» Appendix 2
» Schedule 1 - Respondents  
» Common rule declaration - Victoria

3. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION 
The award operates on and from 21 August 1998 and will remain in force for a period of six months. 

4. COVERAGE OF AWARD 
This award will be binding on the employers listed in Schedule 1 in respect of persons employed as teachers (other than principals and deputy principals, by whatever name called) in schools. 

5. PARTIES BOUND 

5.1 Who is bound by this award 
This award is binding upon: (a) the employers listed in Schedule 1 of this award, in respect of persons employed as teachers who are eligible to be members of the Independent Education Union of Australia, whether or not those teachers are members of the union, and (b) the Independent Education Union of Australia. 

5.2 Transmission of business 
5.2.1 Where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee) and a teacher who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee, then: (a) the continuity of the employment of the teacher will be deemed not to have been broken by reason of such transmission; and (b) the period of employment which the teacher has had with the transmittor or any prior transmittor will be deemed to be service of the teacher with the transmittee. 
5.2.2 In this subclause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 

6. DEFINITIONS 

[see also Common Rule Declaration PR953700 appended to this award]

For the purposes of this award: 

PART 2 - AWARD FLEXIBILITY 

7. ENTERPRISE FLEXIBILITY 
Where an employer or teachers wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply: 

7.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established. 

7.2 For the purpose of the consultative process the teachers may nominate the union or another to represent them. 
Where agreement is reached an application shall be made to the Commission. 

8. WORK ORGANISATION 
An employer may direct a teacher to perform such duties as are within the limits of the teacher's skill, competence and/or training. 

PART 3 - COMMUNICATION AND GRIEVANCE RESOLUTION 

9. GRIEVANCE PROCEDURE 

9.1 Step 1 
Every attempt will be made to resolve a grievance by discussions between the employer and the teacher(s) directly involved at the school or the employer and the union where the grievance is between the employer and the union. This does not preclude the right of either party to seek advice from outside the school, nor does it necessitate such an approach where this is impracticable. 

9.2 Step 2 
Where a grievance is not resolved by Step 1, the employer or the teacher(s) may seek the assistance of a union, employer association or other representatives in order that a further attempt may be made to resolve the matter. 

9.3 Step 3 
Where the employer and the teacher(s) are unable to resolve the matter, they may agree to refer it to a mutually acceptable mediator for resolution. Either party may seek the assistance of a representative. 

9.4 Step 4 
In the event that Steps 1, 2 and 3 fail to resolve the matter it may be referred by either party to the Commission. In normal circumstances, the matter should not be referred by either party to the Commission prior to the completion of Steps I and 2, and where agreed, Step 3.

9.5 Redundancy disputes
9.5.1 Paragraphs 9.5.2 and 9.5.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.
9.5.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information:

• the reasons for any proposed redundancy;

• the number and categories of workers likely to be affected; and

• the period over which any proposed redundancies are intended to be carried out.

9.5.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

PART 4 - TERMINATION AND REDUNDANCY 

10. REDUNDANCY 

[see also Common Rule Declaration PR953700 appended to this award]

10.1 Definitions

10.2 Transfer to lower paid duties 
Where a teacher is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the teacher would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary rate for the number of weeks of notice still owing. 

10.3 Severance pay
10.3.1 Severance pay - other than employees of a small employer A teacher, other than a teacher employed by a small employer as defined in 10.1,  whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

10.3.2 - employees of a small employer  A teacher employed as defined in 10.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

10.3.3 Provided that the severance payment will not exceed the amount which the teacher would have earned if employment with the employer had proceeded to the teacher's normal retirement date.
10.3.4 Continuity of service is calculated in the manner prescribed by 10.1.6 provided that service prior to the first pay period commencing on or after 11 October 2004 will not be taken into account in calculating an entitlement to severance pay for a teacher employed by a small employer pursuant to clause 10.3.2.
10.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004 8 June 2004].

10.4 Teacher leaving during notice period
A teacher given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 11 - Termination of employment. In this circumstance the teacher will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry if the notice, but will not be entitled to payment in lieu of notice.

10.5 Alternative employment 
10.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for a teacher.
10.5.2 This provision does not apply in circumstances involving transmission of business as set in 10.7.

10.6 Job search entitlement
10.6.1 During the period of notice of termination given by the employer in accordance with 13.1, a teacher will be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
10.6.2 if the teacher has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the teacher will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose, a statutory declaration will be sufficient.

10.7 Transmission of business
10.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: 
10.7.1(a) Where the teacher accepts employment with the transmittee which recognises the period of continuous service which the teacher had with the transmittor and any prior transmittor to be continuous service of the teacher with the transmittee; or 
10.7.1(b) Where the teacher rejects an offer of employment with the transmittee:

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the teacher at the time of ceasing employment with the transmittor; and 

• which recognises the period of continuous service which the teacher had with the transmittor and any prior transmittor to be continuous service of the teacher with the transmittee.

10.7.2 The Commission may vary 10.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

10.8 Teachers exempted 
This clause does not apply to:

• teachers terminated as a consequence of serious misconduct that justifies dismissal without notice;

• probationary teachers;

• teachers engaged for a specific period of time or to complete a specific task or tasks; or

• emergency teachers;

10.9 Incapacity to pay 
The Commission may vary the severance pay prescription on the basis of the employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.

11. TERMINATION OF EMPLOYMENT 

11.1 Notice of termination by the employer 
11.1.1 Where the teacher has had five (5) or more years' continuous service in the school where currently employed, the employer will give a full term's notice in writing or full payment in lieu. 
11.1.2 Where the teacher has had less than five (5) years' continuous service in the school where currently employed, the employer will give seven weeks' notice in writing, wholly within the one school term or full payment in lieu. 
11.1.3 The period of notice in this clause will not apply: 

• to teachers dismissed summarily; 

• to replacement teachers where the date of cessation of employment is stated at the time of employment; 

• to specified term teachers where the date of cessation of employment is stated at the time of appointment; 

• specified term teachers employed to complete a task or tasks; or 

• to emergency teachers. 

11.1.4 Payment in lieu of notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the teacher working part of the required period of notice and by the employer making payment for the remainder of the period of notice. 
11.1.5 Payment in lieu of notice is calculated by taking the amount of salary a teacher would have received by working during the notice period if the teacher's employment had not been terminated. 

11.2 Notice of termination by the teacher 
11.2.1 A teacher must give the employer a minimum of seven (7) weeks' notice in writing with such notice to be given wholly within the one school term. 
11.2.2 Subject to financial obligations imposed on an employer by any Act, the employer has the right to withhold monies and benefits due to a teacher who fails to give the full amount of notice required by 11.2.1. 
11.2.3 Pursuant to 11.2.2, the employer has the right to withhold monies and benefits to a maximum amount equal to the ordinary rate of pay for the period of notice not given. 

11.3 Notice in Term 1, 2006
For Term 1 in 2006, the period of notice in paragraphs 11.1.2 and 11.2.1 is four (4) weeks' notice in writing, with such notice to be given wholly within the one school term.

PART 5 - CLASSIFICATION9 REMUNERATION AND RELATED MATTERS 

12. MODES OF EMPLOYMENT 

12.1 Registered teachers 
A full-time registered teacher is entitled to be paid not less than the rate of pay specified in 13.1 in accordance with the teacher's qualifications and experience. 

12.2 Non-registered teachers 
A full-time non-registered teacher is entitled to be paid not less than the rate of pay payable to registered teachers in the first year of teaching experience. 

12.3 Emergency teachers 
An emergency teacher is entitled to be paid not less than the rate of pay specified in 15.3 in accordance with the teacher's qualifications. 

12.4 Part-time teachers 
12.4.1 A part-time teacher employed on a pro rata basis pursuant to 14.1 is entitled to be paid not less than the relevant pro rata rate of the rate of pay specified in 13.1 in accordance with the teacher's qualifications. 
12.4.2 A part-time teacher employed on an hourly basis pursuant to 14.2 is entitled to be paid not less than the rate of pay specified in 14.2.5 in accordance with the teacher's qualifications and experience. 

12.5 Replacement teachers 
A replacement teacher is entitled to be paid not less than the rate of pay specified in 13.1 in accordance with the teacher's qualifications and experience. 

12.6 Specified term teachers 
A specified term teacher is entitled to be paid not less than the rate of pay specified in 13.1 in accordance with the teacher's qualifications and experience. 

13. RATES OF PAY 

13.1 Schedule of rates of pay 
13.1.1 Subject to 13.5 and 13.6, a full-time registered teacher will be paid not less than the following annual rate of pay. 

13.1.2 The weekly rate of pay is calculated by dividing the annual rate of pay by 52.18. 

13.2 Four year trained teachers 
13.2.1 A registered teacher with a 4-year approved training course beyond secondary school and including teacher training will commence at Level 3 and subject to 13.2.2, 13.5 and 13.6, progress to Level 12 in annual increments on the anniversary of the teacher's teaching appointment, or in the case of non-continuous service, after the completion of the equivalent of a school year. 
13.2.2 A teacher employed for 40 per cent or less of a full teaching load will be required to complete 24 months' service before progressing to the next level. 

13.3 Three year trained teachers 
13.3.1 A registered teacher with a 3-year approved training course beyond secondary school and including teacher training will commence at Level 1 and subject to 13.3.2, 13.5 and 13.6, progress to Level 12 in annual increments on the anniversary of the teacher's teaching appointment, or in the case of non-continuous service, after the completion of the equivalent of a school year. 
13.3.2 A teacher employed for 40 per cent or less of a full teaching load will be required to complete 24 months' service before progressing to the next level.

13.4 Non-registered teachers 
A non-registered teacher will be paid not less than Level 1. 

13.5 Annual Performance Reviews (Reviews) 
13.5.1 An employer may require a teacher to participate in a review. 
13.5.2 For the purpose of this clause, but subject to 13.5.5 and 13.5.6, a review will not be conducted more frequently than once per school year. 
13.5.3 A review, if required by the employer, will be based on criteria developed in accordance with the guidelines specified in 13.6. 
13.5.4 If required to participate in a review, the teacher will have the right to an interview or to provide written references or other supporting evidence. 
13.5.5 If required to participate in a review and if the teacher satisfies the criteria, the teacher will progress to the next level on the anniversary of the teacher's teaching appointment or in the case of non-continuous service, after the completion of the equivalent of a school year. 
13.5.6 If, as a result of a review, progression to the next level is not approved, then the employer will, after discussion with the teacher, give the teacher a statement which: 

• advises how the specific criteria have not been met; and 

• proposes strategies which will assist the teacher to meet the criteria. 

13.5.7 Upon request, a teacher who has not satisfied the criteria for progression to the next level is entitled to one further review during the school year preceding the next annual performance review. If the teacher satisfies the criteria, then the teacher will progress to the next level from the commencement of the next pay period. Progression under this paragraph will not alter the teacher's anniversary date. 
13.5.8 The annual performance review provided for by this clause shall be used solely for the purpose of determining whether or not a teacher has achieved the requirements to qualify for progress through the incremental scale. The Annual Performance Review will not be used for any other purpose including disciplinary action. 

13.6 Annual Performance Review Guidelines 
Reviews for a teacher may include criteria developed in accordance with the following guidelines which are commensurate with the teacher's level of experience: 

• knowledge of the curriculum, teaching methodology, teaching strategies, student - beaming processes and current educational trends; 

• practical teaching skills in, inter alia, planning activities and presenting curriculum content, the areas of student and classroom management, and the identification and management of individual beaming needs; 

• the application of appropriate assessment and reporting strategies to monitor and record student learning progress and the effective communication of this information to students, teachers, parents or guardians and others; 

• the development of constructive relationships with students in a classroom environment that is safe and supportive to the needs of individual students; and 

• the performance of all responsibilities in a professional manner which supports and implements the school's policies, goals and ethos. 

13.7 Safety net adjustment 
The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. 
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

14. PART-TIME TEACHERS 

14.1 Pro-rata payment (6 hours or more per week) 
14.1.1 A part-time teacher who teaches six hours or more per week is entitled to be paid pro-rata of the rate that the teacher would be entitled to receive as a full-time teacher. 
The pro-rata annual salary is calculated using the following formula: 

NOTES: 
(i) Each school will determine the hours of full-time face to face teaching. For the purpose of the formula, the maximum is deemed to be 18 hours secondary, 23 hours primary and 23 hours for schools with special registration by the Registered Schools Board. 
(ii) The employer may expect a part-time teacher to undertake a proportionate number of other duties normally expected of full-time teachers. 
(iii) The employer will set out in writing the duties and number of hours required (including face to face teaching) to be undertaken by a part-time teacher: 

• upon the engagement of the teacher; and 

• at any other time when a variation occurs. 

14.1.2 An employer will pay a part-time registered teacher employed pursuant to 14.1.1 in accordance with clause 13 (Rates of Pay). 

14.2 Hourly payment (less than 6 hours per week) 
14.2.1 The employer may pay a part-time teacher who is employed for less than six hours per week as in 14.1 above or at an hourly rate for the weeks actually taught. 
14.2.2 The employer will set out in writing the duties and number of hours required (including face to face teaching) to be undertaken by a part-time teacher: 

• upon the engagement of the teacher; and 

• at any other time when a variation occurs. 

14.2.3 The hourly rates payable to part-time teachers have taken holiday pay and leave loading allowance into account. 
14.2.4 A part-time teacher employed on hourly rates is not entitled to additional holiday pay or leave loading allowance, parental leave nor to paid personal/carer's leave. 
14.2.5 An employer will pay a part-time registered teacher employed pursuant to 14.2.1 not less than 

• $40.80 per hour for a registered teacher with a four year training course 

• $38.30 per hour for a registered teacher with a three year training course 

15. EMERGENCY TEACHERS 

15.1 Period of employment 
An employer must not employ an emergency teacher in such a capacity for more than fifteen (15) consecutive school days. 

15.2 Duties and responsibilities 
The employer may require an emergency teacher to undertake the full teaching responsibilities and extra curricular duties of the teacher who is being replaced. 

15.3 Rate of pay 
The employer will pay an emergency teacher not less than: 

• $178.00 per day 

• $89.00 per half day 

15.4 Entitlements 
An emergency teacher is not entitled to: 

• accident make-up pay; 

• paid leave; 

• unpaid leave; 

• public holidays; 

• leave loading. 

16. REPLACEMENT TEACHERS 

16.1 Employment 
The employer may employ a replacement teacher on either a full-time or part-time basis. 

16.2 Rate of pay 
The employer will pay a replacement teacher the rate specified in subclause 13.1 based on the replacement teacher's qualifications and number of years experience as a teacher. 

16.3 Entitlements 
The provisions of this award apply to teachers employed pursuant to this clause, including pro rata benefits. 

16.4 Notification in writing 
Upon engagement, the employer must inform the replacement teacher in writing: 

• of the temporary nature of the employment; 

• the benefits which are applicable under the award; and 

• the rights under this award of any teacher(s) being replaced. 

16.5 Termination of employment 
The termination of employment of a replacement teacher will be by the expiry of the period of employment or in accordance with the provisions of clause 11 (Termination of Employment). 

17. SPECIFIED TERM EMPLOYMENT 

17.1 Employment 
A teacher may be employed for a specified period of time on either a full-time or part time basis: 

• to undertake a specified project for which funding has been made available; 

• to undertake a specified task which has a limited period of operation; or 

• to replace a teacher whose employment has terminated after the commencement of the school year. The period of the appointment must not exceed the end of that school year. 

17.2 Notification in writing 
Upon engagement, the employer must inform the teacher in writing: 

• of the reason for the employment being for a specified term; 

• the date of commencement of employment; and 

• the date of cessation of employment. 

17.3 Rate of pay 
The employer will pay a teacher employed for a specified period of time at the rate of pay specified in subclause 13.1 for the teacher's qualifications and number of years experience as a teacher. 

17.4 Entitlements 
The provisions of this award apply to a teacher employed pursuant to this clause, including pro rata benefits. 

17.5 Termination of employment 
The termination of employment of a teacher employed for a specified period of time will be by the expiry of the period of employment or in accordance with clause 11 (Termination of Employment). 

18. RESPONSIBILITY ALLOWANCES 

18.1 Eligibility 
18.1.1 A responsibility allowance will be paid to a teacher where the employer requires the performance of administrative, pastoral care and/or educational leadership duties additional to those usually required of teachers by the employer. 
18.1.2 An allowance is linked to a position of responsibility rather than tied to an individual teacher. 
18.1.3 The Principal determines who is eligible for a responsibility allowance. 

18.2 Notification 
18.2.1 The Principal will provide written advice to a teacher in receipt of an allowance of the position, its tenure, the duties required and the allowance to be paid. 
18.2.2 The Principal will advise the teacher of the level to which the position equates in accordance with 18.3. 

18.3 Structure of responsibility allowances 
18.3.1 Responsibility allowances will be determined by student numbers and the level of responsibility undertaken, as follows: 
(a) School Size 

(b) Level of Responsibility 
The level of additional responsibility can be categorised as either administrative, pastoral care or educational leadership, or a combination of these, as follows: 

18.3.2 The assignment of a position to a particular level of responsibility will reflect the graduation of responsibilities exercised in each school, whether, administrative, pastoral care or educational leadership, with Level 1 being the most significant level of responsibility. 
18.3.3 Positions of responsibility will be available in both primary and secondary schools. 
18.3.4 A school with less than 100 students will determine positions of responsibility and allowances which are appropriate to its structure. 

18.4 Allowances 
18.4.1 Allowances are based on a percentage factor of 100 for Category A, Level 1 and will be adjusted from time to time in accordance with the principles of the Commission. The following rates will apply on and from 1.2.01 

The following rates will apply on and from 1.11.01 

18.4.2 Where the position of responsibility is shared, then payments may also be shared. 

19. PAYMENT OF MONIES  

19.1 Timing 
All monies payable will be paid: 

• once each fortnight; or 

• once every four weeks at the end of the first fortnight including payment for two weeks in arrears and two weeks in advance; or 

• once every month with payment being made as nearly as possible on the middle of each month including one half month in arrears and one half month in advance. 

19.2 Form of payment 
The employer may elect to pay salaries and allowances by cash, cheque or direct transfer. Where monies are paid by direct transfer, the teacher has the right to nominate the financial institution and the account. 

20. REMUNERATION PACKAGING 

20.1 Application 
This clause will apply to employers wishing to facilitate the provision of salary and benefit packages to teachers whose employment is covered by this award. 

20.2 Definitions For the purpose of this clause: 
Benefits means the benefits nominated by the teacher from the benefits provided by the employer; 
Benefit Value means the amount specified by the employer as the cost to the employer of the Benefit provided including Fringe Benefits Tax, if any; 
Fringe Benefits Tax means tax imposed by the Fringe Benefits Tax Act 1986 (Cth). 

20.3 Conditions of employment 
Except as provided by this clause, a teacher must be employed at a salary based on a rate of pay, and otherwise on terms and conditions not less than those prescribed by this award. 

20.4 Remuneration packaging 
The employer may offer to provide and the teacher may agree in writing to accept: 

• the Benefits nominated by the teacher; and 

• a salary equal to the difference between the Benefit Value and the salary which would have applied to the teacher under 20.3 in the absence of an agreement under this subclause. 

20.5 Benefits 
The Benefits will be those made available by the employer. 

20.6 Notification of Benefit Value 
The employer must advise the teacher in writing of the Benefit Value before the teacher and the employer enter into an agreement pursuant to 20.4. 

20.7 Calculation of salary during leave 
During the currency of an agreement under 20.4: 

• a teacher who takes leave on full pay will receive the Benefits and salary referred to in 20.4 of this clause; 

• a teacher who takes leave without pay is not entitled to any Benefits during the period of leave; 

• a teacher who takes leave on less than full pay will receive: 

• the Benefits; and 

• an amount of salary calculated by applying the formula: 
  A= S x P%-[(100%-P%) xB] where: 
  S = the salary determined under 20.4 
  P = the percentage of salary payable during the leave 
  B = the Benefit Value A = the amount of salary 

20.8 Other payments 
Any other payment under this award, calculated by reference to the teacher's salary, however described, and payable: 

• during employment; or 

• on termination of employment in respect of untaken paid leave; or 

• on death, 

will be at the rate of pay which would have applied to the teacher under 20.3 of this clause, in the absence of an agreement under 20.4 of this clause. 

21. MEAL ALLOWANCE 

21.1 Application 
The employer will supply a teacher with a meal should the employer require the teacher to remain at school continuously until after 7 p.m. on any day. 

21.2 Exception 
An exception to this is that the employer need not provide a meal if a teacher can reasonably return home for meals. 

22. SUPERANNUATION 
[see also Common Rule Declaration PR953700 appended to this award]

22.1 Superannuation Legislation 
The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 

22.2 Ordinary Time Earnings 
22.2.1 "Ordinary Time Earnings" for the purpose of this clause includes: 
(a) the award rate of pay appropriate to the teacher's classification and mode of employment; 
(b) any salary payments made in excess of award requirements; 
(c) any responsibility allowance (but only for the period that the responsibility allowance is paid). 
22.2.2 Where a teacher agrees to remuneration packaging as provided for in clause 20, "salary" will be determined in accordance with 20.8. 

22.3 Selection of Fund 
22.3.1 Subject to 22.3.2 and 22.3.3, a teacher is entitled to exercise individual choice of fund to receive payments pursuant to 22.4. 
22.3.2 At any school with a fund in existence prior to the first full pay period commencing on or after 17 June 1994, the teacher may choose between: 
22.3.2(a) the existing school fund; or 
22.3.2(b) the Independent Schools Superannuation Trust (ISST) or successor fund. 
22.3.3 In all other schools, the teacher may choose between: 
22.3.3(a) the Combined Fund (CF) or successor fund; 
22.3.3(b) the Independent Schools Superannuation Trust (ISST) or successor fund; or 
22.3.3(c) the Victorian Independent Schools Superannuation Fund (VISSF) or successor fund. 
22.3.4 If any fund referred to in this clause ceases to be a complying fund for the purposes of Division 2 of the Superannuation Industry (Supervision) Act 1993 that fund may no longer be chosen under this clause and each teacher who chose that fund must make another choice, pending which the employer may make contributions to another complying fund of its choice. 
22.3.5 A teacher's selection of fund will be final while that teacher remains in the employment of the employer, unless otherwise agreed by the employer. 

22.4 Contributions 
22.4.1 The employer will contribute an amount equal to three (3) percent of the teacher's ordinary time earnings to the fund chosen by the teacher pursuant to 22.3. 
22.4.2 Contributions remain payable during any period of paid leave. 
22.4.3 Contributions will be adjusted each time there is an increase or decrease in ordinary time earnings (as defined) in accordance with the rules of the fund. 
22.5 The provisions of subclauses 22.2, 22.3 and 22.4 do not apply to the following respondents to this award: 
Aitken College 
Andale School
Ascension College
Ballarat Christian College
Berengarra School
Brighton Montessori School
Central Goldfields Christian College
Cranbourne Christian College 
The Currajong School
Darul Ulum College of Victoria
Frank Cheshire Education Centre
Frank Dando Sports Academy
Girton Grammar School
Ilim College 
Isik College
Mount Scopus Memorial College
Rossbourne School
Seymour Christian College
Shepparton Christian Community School
St Anthony's Coptic Orthodox College
St Thomas Aquinas College 
The Early Learners' School 
Victory Christian School 

PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

23. ANNUAL LEAVE AND SCHOOL HOLIDAYS 

23.1 Application 
23.1.1 This clause applies to teachers employed either full-time or part-time on a pro rata basis. 
23.1.2 This clause does not apply to part-time teachers employed for less than six (6) hours per week or to emergency teachers. 

23.2 Entitlement 
23.2.1 A teacher other than in the circumstances prescribed in 23.2.2 is entitled to school holidays without deduction of pay. School holidays are deemed to include annual leave. 
23.2.2 An employer may reduce a teacher's entitlement to school holidays where a teacher has taken unpaid leave in excess of ten working days in any school year pursuant to clause 26 (Personal Leave) or clause 28 (Leave Without Pay). 
23.2.3 A teacher's entitlement to school holidays which has been reduced at the employer's discretion under 23.2.2 will be calculated on the basis of one third of that teacher's working weeks (excluding paid holidays already received and periods of unpaid leave). 
23.2.4 Where a teacher's entitlement to paid school holidays has been reduced pursuant to 23.2.2, the period which but for that reduction would have been paid school holidays will be unpaid leave (other than unpaid leave pursuant to clauses 26 and 28) and will be counted as service for all purposes of the award. 

23.3 Part-time teacher's entitlement 
A part-time teacher employed pursuant to 14.1 is entitled to school holidays on the same proportionate basis as the teacher's annual salary is calculated. 

23.4 Employment for less than a school year 
A teacher who is employed for part only of a school year will be paid a pro rata holiday entitlement calculated on the basis of one third of that teacher's number of working weeks (excluding paid holiday periods and periods of unpaid leave) at the rate of pay applicable at the time of school holidays or at the time that employment is terminated. 

24. LEAVE LOADING 

24.1 Application 
24.1.1 This clause applies to teachers employed either full-time or part-time on a pro rata basis. 
24.1.2 This clause does not apply to part-time teachers employed for less than six (6) hours per week or to emergency teachers. 
24.2 Entitlement 
24.2.1 A teacher who has given service for which salary has been received throughout the school year is entitled to a leave loading of 17.5% on a maximum of four weeks' leave. 
24.2.2 Subject to 24.2.3 and 24.3.1, a teacher who is employed for part only of a school year is entitled to be paid a leave loading as follows: 

where the Annual Rate of Pay will be the rate of pay applicable as at 1 December of that year or at the time of termination should employment be terminated prior to 1 December. 
24.2.3 A teacher who ceases employment with an employer prior to the commencement of third term is not entitled to leave loading from that employer. 
24.2.4 For the purposes of this clause, the number of a school's term weeks is deemed to be 39 weeks. 

24.3 Payment of leave loading 
24.3.1 The employer may pay leave loading 

• to the teacher with the first salary payment in December of that year at the rate of pay applicable on 1 December, or 

• to the teacher with each salary payment throughout the school year by increasing the annual rate of pay as at 1 February of that year, or as subsequently varied, by 1.346%. 

24.3.2 Where an employer elects to pay leave loading with each salary payment throughout the school year, the employer will advise the teacher in writing. 

25. PUBLIC HOLIDAYS 

25.1 Standard days 
25.1.1 A teacher is entitled to holidays on the following days: 
(a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and 
(b) the following days, as prescribed in Victoria: Australia Day, Anzac Day, Queen's Birthday and Labour Day; and 
(c) Melbourne Cup Day or any other day substituted by an Act of Parliament or Proclamation. 
25.1.2 An exception to this is that public holidays occurring during leave in accordance with clause 23 (Annual Leave and School Holidays) do not create additional entitlement. 

25.2 Holidays in lieu 
25.2.1 When Christmas Day is a Saturday or Sunday, a holiday in lieu will be observed on 27 December. 
25.2.2 When Boxing Day is a Saturday or Sunday, a holiday in lieu will be observed on 28 December. 
25.2.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu will be observed on the next Monday. 

25.3 Additional days 
Where in Victoria, public holidays are declared or prescribed on days other than those set out in 25.1 and 25.2 above, those days will constitute additional days for the purpose of this award. 

25.4 Substitute days 
25.4.1 By agreement between the employer and the majority of teachers, an alternative day may be taken as the public holiday in lieu of any of the prescribed days. 
25.4.2 An employer and a teacher may agree to the teacher taking another day as the public holiday in lieu of the day which is being observed pursuant to: 
(a) 25.1, 25.2 and 25.3; or 
(b) 25.4.1. 
25.4.3 An agreement made pursuant to 25.4.1 must be recorded in writing. The agreement must be made available to every affected teacher. 
25.4.4 Any agreement reached pursuant to 25.4.1 or 25.4.2 must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations. 
25.4.5 
(a) If a teacher is a member of the union bound by the award, then the teacher may be represented by the union in meeting and conferring with the employer about the substitute day or days. 
(b) Where the employer proposes to substitute a day other than a public holiday prescribed by the award, the employer will give no less than five (5) working days' notice of the intention to reach agreement to this effect. 

26. PERSONAL LEAVE 

The provisions of this clause apply to full-time and regular part-time teachers (on a pro-rata basis) but do not apply to emergency teachers.

26.1 Definitions
The term immediate family includes:
26.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the teacher. A de facto spouse means a person of the opposite sex to the teacher who lives with the teacher as his or her husband or wife on a bona fide domestic basis; and
26.1.2 child or an adult child (including an adopted child, a step-child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the teacher or spouse of the teacher.

26.2 Amount of paid personal leave 
26.2.1 Paid personal leave is available to a teacher when the teacher is absent: 

• due to personal illness or injury; or 

• for the purposes of caring for an immediate family or household member that is sick and requires the teacher's care due to an unexpected emergency-. 

26.2.2 A full-time teacher is entitled to 15 days of paid personal leave in each year of service. 
26.2.3 Unused personal leave accrues from year to year.
26.2.4 Personal leave may be taken for part of a single day. 

26.3 Personal leave for personal injury and sickness 
26.2.1 Personal leave for personal injury and sickness is leave to which a teacher is entitled without loss of pay because the teacher is unable to perform the teacher's duties by reason of personal illness or injury. 
26.3.2 Entitlement 
26.3.2(a) The amount of personal leave a teacher may take as sick leave depends on how long the teacher has worked for the employer and accrues as follows: 
26.3.2(a)(i)in the first year of service, six days during the first term worked and thereafter, an additional three days at the commencement of each subsequent school term;
26.3.2(a)(ii)in the second and each subsequent year of service, fifteen days at the commencement of that year. 
26.3.2(b) Accumulated personal leave may be used for sick leave if the current sick leave entitlement is exhausted. 
26.3.3 Evidence supporting claim 
A teacher is entitled to sick leave provided that 
26.3.3(a) the teacher produces a medical certificate or other evidence satisfactory to the employer for any absence of more than two consecutive days; 
26.3.3(b) if so required by the employer, the teacher provides a medical certificate or other evidence satisfactory to the employer for any absence continuous with a holiday to which the teacher is entitled and which would not otherwise require the production of a certificate; 
26.3.3(c) the teacher produces a medical certificate or other evidence satisfactory to the employer where the number of days of paid sick leave already taken without the production of a medical certificate or other evidence satisfactory to the employer exceed five days in the one year. 
26.3.4 Sick leave whilst on long service leave 
An employer may require a teacher who claims sick leave whilst on long service leave to be examined by a legally qualified medical practitioner of the employer's choice, provided the practitioner is reasonably accessible to the teacher. 
26.3.5 Infectious diseases leave 
26.3.5(a) Subject to 26.3.5(b), a teacher who is suffering from one of the infectious diseases known as: 
German measles;
Chickenpox;
Mumps;
Measles;
Scarlet fever;
whooping cough;
rheumatic fever; 
or hepatitis, 
and the Principal is satisfied on medical advice that the teacher has contracted the disease through a contact at the school and disease is evident in the school, the teacher will be granted special leave without deduction of pay. 
26.3.5(b) The teacher must produce a medical certificate which specifically names the disease. 

26.4 Personal leave to care for an immediate family or household member 
26.4.1 Subject to 26.4.2 and 26.4.3 a teacher is entitled to use the teacher's personal leave to care for members of the teacher's immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. 
26.4.2 The entitlement in 26.4.1 is subject to the teacher being responsible for the care and support of the person concerned. In normal circumstances a teacher is not entitled to take leave for this purpose where another person has taken leave to care for the same person. 
26.4.3 Except as provided for in 26.4.4 not more than ten days of personal leave can be used in a year by a teacher for the purposes set out in 26.4.1. This limit applies to the teacher's total accrued personal leave which includes any untaken personal leave from the current year's entitlement and any untaken personal leave which has accumulated from previous years. 
26.4.4 By agreement between an employer and an individual teacher, the teacher may access an additional amount of the teacher's accrued personal leave for the purposes set out in 26.4.1, beyond the relevant limit set out in 26.4.3. In such circumstances, the employer and the teacher shall agree upon the additional amount that may be accessed. 

26.5 Notice required for personal leave to care for an immediate family or household member 
26.5.1 The teacher must, where practicable, give the employer notice prior to the absence of the intention to take leave. 
26.5.2 The notice must include:

• the name of the person requiring care and support and the person's relationship to the teacher;

• the reasons for taking such leave; and 

• the estimated length of absence. 

26.5.3 If it is not practicable for the teacher to give prior notice of absence, the teacher must notify the employer by telephone of such absence at the first opportunity on the day of absence. 

26.6 Evidence supporting claim for personal leave to care for an immediate family or household member 
26.6.1 The teacher must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness is such as to require care by another.
26.6.2 When taking leave to care for members of the teacher's immediate family or household who require care due to an unexpected emergency, the teacher must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the teacher.

26.7 Unpaid leave
Where a teacher has exhausted all paid personal leave entitlements, the teacher is entitled to take unpaid personal leave to care for members of the teacher's immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the teacher shall agree on the period. In the absence of agreement, the teacher is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided that notice and evidentiary requirements of 26.5 and 26.6 are met.

26A. BEREAVEMENT LEAVE 
26A.1 Paid leave entitlement
26A.1.1 The provisions of this clause apply to full-time and part-time teachers (on a pro-rata basis) but do not apply to emergency teachers.
26A.1.2 A full-time teacher is able to use up to three days bereavement leave on each occasion on which a member of the teacher's immediate family or household in Australia dies.

26A.2 Unpaid leave entitlement
Where a teacher has exhausted all bereavement leave entitlements, including accumulate leave entitlements, the teacher is entitled to take unpaid bereavement leave. The employer and the teacher should agree on the period of unpaid leave. in the absence of agreement, the teacher is entitled to take up to three days of unpaid leave.

26A.3 Evidence supporting claim
The employer may require the teacher to provide satisfactory evidence of the death of a member of the teacher's immediate family or household.

27. LONG SERVICE LEAVE 

[see also Common Rule Declaration PR953700 appended to this award]

27.1 Preamble 
A teacher is entitled to long service leave on ordinary pay in respect of continuous employment with one and the same employer or the employer's successor. 

27.2 Entitlement 
27.2.1 A teacher who has completed 10 years' continuous employment with the employer is entitled to 13 weeks' long service leave. 
27.2.2 A teacher is entitled to an additional 6 1/2 weeks' (i.e. 45 calendar days) long service leave for each additional five years of continuous employment with the employer. 

27.3 Termination of employment 
27.3.1 A teacher who has completed more than 10 years' continuous employment with the employer and whose employment is terminated otherwise than by the death of the teacher is entitled to an amount of long service leave equal to one-fortieth of the period of the teacher's continuous employment since the last accrual of entitlement to long service leave under 27.2.1 and 27.2.2. 
27.3.2 A teacher who has completed at least 7 but less than 10 years of continuous employment with the employer and whose employment is terminated for any cause other than by the employer for serious misconduct, is entitled to such amount of long service leave as equals one-fortieth of the period of the teacher's continuous employment. 
27.3.3 If a teacher who is entitled to any amount of long service leave dies before or while taking long service leave, then the employer will pay an amount equal to the ordinary pay that would have been payable to the teacher in respect of the period of long service not taken to the teacher's personal representative. 
27.3.4 Where a teacher who has completed more than 10 years' continuous employment with an employer dies while still in continuous employment of such employer, the employer (in addition to any sum payable under 27.3.3) will pay to the teacher's personal representative in respect of any period of such continuous employment which is after the last accrual of entitlement to long service leave pursuant to 27.2.2 a sum equal to the amount of the teacher's ordinary pay for a period equalling one fortieth of such fractional period. 
27.3.5 Where a teacher who has completed at least 7 years but less than 10 years of continuous service with an employer dies while still in the employment of such employer, the employer will pay to the teacher's personal representative a sum equal to the amount of the teacher's ordinary pay for the period equalling one fortieth of the teacher's fractional employment. 

27.4 Payment in lieu 
27.4.1 Except as provided in this clause, an employer will not make payment in lieu of any long service leave or part thereof to a teacher or the teacher's personal representative. 
27.4.2 Except as provided in this clause, a teacher or a teacher's personal representative will not accept payment in lieu of any long service leave or part thereof. 

27.5 Illness on long service leave 
27.5.1 Subject to the production of a supporting medical certificate, a teacher who becomes ill whilst on long service leave is entitled to have the period of illness treated as sick leave but only to the extent that the teacher is entitled to sick leave. 
27.5.2 Subject to 27.5. 1, the teacher's long service leave will be extended by the period of illness. 
27.5.3 An exception to 27.5.1 is that an employer and a teacher may agree that the teacher will return from long service leave as planned with the period of illness increasing the teacher's accrued long service leave entitlement. 

27.6 Mode of employment and payment 
27.6.1 A teacher whose service has been 

• all full-time or 

• all at the same part-time fraction is paid during long service leave at the teacher's normal salary. 

27.6.2 Where a teacher's time fraction has varied, salary when proceeding on long service leave is calculated as follows: 
(a) Service prior to 1 February 1997 
(i) where all service of the teacher has been in a part-time capacity, salary when proceeding on long service leave (or payment in lieu thereof if applicable) will be calculated by striking average weekly hours over the last 12 months of actual service and multiplying average weekly hours by the current hourly pay rate; 
(ii) when full-time employment falls last, any leave taken from the full time credit will be paid at the current full-time salary. Leave taken from the part-time credit will be paid on the basis of a proportion of the current full-time salary having regard to the ratio of average weekly hours over the last 12 months of part-time employment to current full-time weekly hours; 
(iii) when part-time employment falls last, leave taken from the full-time credit will be paid at the salary applicable to the full-time equivalent of the present part-time employment category. Leave taken from part time credit will be paid for at the current salary on the basis of average weekly hours over the last 12 months of part-time employment; 
(iv) if a teacher can show that the teacher's average weekly hours over the whole of the teacher's part-time employment are greater than average weekly hours over the last 12 months of part-time employment the higher figure will be used in determining average weekly hours. Should part-time employment be less than 12 months, average weekly hours will be struck over the actual period of part-time employment. 
(b) Service from 1 February 1997 
A teacher whose time fraction has varied during service is paid at a proportionate rate during long service leave. The rate is determined by calculating an average of the teacher's time fractions over the period of eligible service. 

27.7 Exceptions 
Despite anything in this clause for the purpose of determining the amount of long service leave or pay in lieu thereof to which a teacher or a teacher's personal representative is entitled in respect of the period of employment commencing on or after 1 January 1965 and ending on I January 1980, so much of that period of employment as was commenced before I January 1980 will be reduced by one third. 

28. LEAVE WITHOUT PAY 

28.1 Discretion of employer 
While a teacher has the right to apply for leave without pay, the granting of such leave is at the discretion of the employer. 

28.2 Leave arrangements 
28.2.1 Other than in exceptional circumstances, such leave should preferably: 

• commence on the day following the last teaching day of a term; and 

• conclude on the day preceding the first teaching day of a term. 

28.2.2 An exception to 28.2.1 is where the employer has expressly agreed to the contrary. 

28.3 Returning from leave 
If a teacher is granted leave without pay, then the teacher is entitled to a position commensurate with the teacher's qualifications and experience on the teacher's return. Specific duties will be mutual agreement. 

28.4 Award entitlements 
Leave without pay does not break continuity of employment but is not to be taken into account in calculating the period of service for any purpose of this award where the period of leave without pay is in excess of ten working days in a school year. 

29. EXAMINATION LEAVE 

A teacher will be granted leave with pay to attend compulsory examinations in an approved relevant course of study. 

30. QUALIFICATION CONFERRAL LEAVE 

A teacher will be granted leave with pay for up to one day for the purpose of having a degree/diploma or other qualification conferred in an approved relevant course of study. 

31. JURY SERVICE LEAVE 
31.1 Entitlement 
A teacher (other than a replacement teacher, specified term teacher or an emergency teacher) required to appear and/or serve as a juror will be entitled to be granted leave for the period during which attendance at court is required. 

31.2 Conditions 
31.2.1 A teacher must notify the employer as soon as possible of the date upon which the teacher is required to attend for jury service. 
31.2.2 A teacher must provide the employer with 

• written proof of the requirement to attend for jury service; 

• an estimate of the duration of the absence from duty. 

31.2.3 The teacher must 

• inform the employer immediately of any change to the known period of absence; and 

• provide the employer with written proof of the payments made by the Court Authorities with respect to jury service. 

31.3 Reimbursement 
Subject to 31.2, an employer will reimburse a teacher granted leave pursuant to 31.1 an amount equal to the difference between the amount paid in respect of the teacher's attendance for such jury service and the amount of salary the teacher would have received had the teacher not been on jury service. 

32. PARENTAL LEAVE 

Subject to the terms of this clause teachers are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. The provisions of this clause apply to full-time and part-time but do not apply to emergency teachers. For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence). 

32.1 Definitions 
32.1.1 For the purposes of this clause child means a child of the teacher under school age except for adoption of a child where 'child' means a person under school age who is placed with the teacher for the purposes of adoption, other than a child or step-child of the teacher or of the spouse of the teacher or a child who has previously lived continuously with the teacher for a period of six months or more. 
32.1.2 Subject to 32.1.3, in this clause, spouse includes a de facto or former spouse. 
32.1.3 In relation to 32.7, spouse includes a de facto spouse but does not include a former spouse. 

32.2 Basic entitlement 
32.2.1 After 12 months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis hi relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption. 
32.2.2 Subject to 32.5.6 parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take: 
32.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child; 
32.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child. 
32.2.3 Parental leave, other than leave taken pursuant to 32.2.2, should preferably commence on the day following the last day of a school term and conclude on the day preceding the first day of a school term. In order to facilitate such arrangements, the employer, where necessary, will extend the period of parental leave beyond the maximum prescribed entitlement should a teacher agree to return from parental leave on the commencement of the school term immediately following the maximum period of parental leave otherwise required to be afforded to the teacher. 

32.3 Variation of parental leave 
Where a teacher takes leave under 32.2.1 or 32.4.l(b), unless otherwise agreed between the employer and the teacher, a teacher may apply to the teacher's employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than seven weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in 32.2 or the right to request in 32.4. 

32.4 Right to Request
32.4.1 A teacher entitled to parental leave pursuant to the provisions of 32.2 may request the employer to allow the teacher: 
32.4.1(a) to extend the period of simultaneous unpaid parental leave provided for in 32.2.2(a) and 32.2.2(b) up to a maximum of eight weeks; 
32.4.1(b) to extend the period of unpaid parental leave provided for in 32.2.1 by a further continuous period of leave not exceeding 12 months; 
32.4.1(c) to return from a period of parental leave on a part-time basis until the child reaches school age; to assist the teacher in reconciling work and parental responsibilities. 
32.4.2 Request to be considered 
The employer shall consider the request having regard to the teacher's circumstances and, provided the request is genuinely based on the teacher's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 
32.4.3 Teacher's request and employer's decision to be in writing 
The teacher's request and the employer's decision made under 32.4.1(b) and 32.4.1 (c) must be recorded in writing. 
32.4.4 Request to return to work part-time 
Where a teacher wishes to make a request under 32.4.l(c), such a request must be made as soon as possible but no less than ten weeks prior to the date upon which the teacher is due to return to work from parental leave. 

32.5 Maternity leave 
32.5.1 A teacher must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
32.5.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the teacher is pregnant) - at least ten weeks; 
32.5.1(b) of the date on which the teacher proposes to commence maternity leave and the period of leave to be taken - at least seven weeks. 
32.5.2 When the teacher gives notice under 32.5.l(a) the teacher must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
32.5.3 A teacher will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date. 
32.5.4 Subject to 32.2.1 and unless agreed otherwise between the employer and the teacher, a teacher may commence parental leave at any time within six weeks immediately prior to the expected date of birth. 
32.5.5 Where a teacher continues to work within the six week period immediately prior to the expected date of birth, or where the teacher elects to return to work within six weeks after the birth of the child, an employer may require the teacher to provide a medical certificate stating that she is fit to work on her normal duties. 
32.5.6 Special maternity leave 
32.5.6(a) Where the pregnancy of a teacher not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the teacher may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. 
32.5.6(b) Where a teacher is suffering from an illness not related to the direct consequences of the confinement, a teacher may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
32.5.6(c) Where a teacher not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks. 
32.5.7 Where leave is granted under 32.5.4, during the period of leave a teacher may return to work at any time, as agreed between the employer and the teacher provided that time does not exceed seven weeks from the recommencement date desired by the teacher. 

32.6 Paternity leave 
32.6.1 A teacher will provide to the employer at least ten weeks prior to each proposed period of paternity leave:
32.6.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and 
32.6.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and 
32.6.1(c) except in relation to leave taken simultaneously with the child's mother under 32.2.2(a), 32.2.2(b) and 32.4.1 (a), a statutory declaration stating:
32.6.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child; 
32.6.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and 
32.6.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment. 
32.6.2 The teacher will not be in breach of 32.6.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances. 

32.7 Adoption leave 
32.7.1 The teacher will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. A teacher may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the teacher, the adoption of a child takes place earlier. 
32.7.2 Before commencing adoption leave, a teacher will provide the employer with a statutory declaration stating: 
32.7.2(a) the teacher is seeking adoption leave to become the primary care-giver of the child; 
32.7.2(b) particulars of any period of adoption leave sought or taken by the teacher's spouse; arid 
32.7.2(c) that for the period of adoption leave the teacher will not engage in any conduct inconsistent with the teacher's contract of employment. 
32.7.3 An employer may require a teacher to provide confirmation from the appropriate government authority of the placement. 
32.7.4 Where the placement of a child for adoption with a teacher does not proceed or continue, the teacher will notify the employer immediately and the employer will nominate a time not exceeding seven weeks from receipt of notification for the teacher's return to work.
32.7.5 A teacher will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances. 
32.7.6 A teacher seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The teacher and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the teacher is entitled to take up to two days unpaid leave. Where paid leave is available to the teacher, the employer may require the teacher to take such leave instead. 

32.8 Parental leave and other entitlements 
A teacher may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which the teacher has accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under 32.4. 

32.9 Transfer to a safe job 
32.9.1 Where a teacher is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the teacher make it inadvisable for the teacher to continue at her present work, the teacher will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. 
32.9.2 If the transfer to a safe job is not practicable, the teacher may elect, or the employer may require the teacher to commence parental leave for such period as is certified necessary by a registered medical practitioner. 

32.10 Returning to work after a period of parental leave 
32.10.1 A teacher will notify of the teacher's intention to return to work after a period of parental leave at least seven weeks prior to the expiration of the leave. 
32.10.2 A teacher will be entitled to the position which the teacher held immediately before proceeding on parental leave, hi the case of a teacher transferred to a safe job pursuant to 32.9, the teacher will be entitled to the position the teacher held immediately before such transfer. A part-time teacher will be entitled to the same time fraction. 
32.10.3 Where such position no longer exists but there are other positions available which the teacher is qualified for and is capable of performing, the teacher will be entitled to a position as nearly comparable hi status and pay to that of the teacher's former position. 
32.10.4 For the purpose of this clause, position includes a position of responsibility but does not necessarily include the same classes and/or subjects.

32.11 Replacement teachers 
32.11.1 A replacement teacher is a teacher specifically engaged or temporarily promoted or transferred, as a result of a teacher proceeding on parental leave.
32.11.2 Before an employer engages a replacement teacher, the employer must inform that person of the temporary nature of the employment and of the rights of the teacher who is being replaced. 

32.12 Communication during parental leave 
32.12.1 Where a teacher is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to: 
32.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave; and 
32.12.1(b) provide an opportunity for the teacher to discuss any significant effect the change will have on the status or responsibility level of the position the teacher held before commencing parental leave. 
32.12.2 The teacher shall take reasonable steps to inform the employer about any significant matter that will affect the teacher's decision regarding the duration of parental leave to be taken, whether the teacher intends to return to work and whether the teacher intends to request to return to work on a part-time basis.
32.12.3 The teacher shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with 32.12.1. 

PART 7 - OTHER EMPLOYMENT MATTERS 

33. ACCIDENT MAKE-UP PAY 

33.1 Definitions 
For the purposes of this clause: 
Relevant Act means in respect of an injury occurring prior to 4 p.m. on 31 August 1985 the Workers' Compensation Act 1958 or, in any other case, the Accident Compensation Act 1985 as amended from time to time; 
Injury has the same meaning as applies under the Relevant Act; 
Incapacity has the same meaning as applies under the Relevant Act. 

33.2 Entitlement to accident make-up pay 
33.2.1 Subject to 33.3, 33.4 and 33.5, the employer will pay a teacher accident make-up pay if the teacher suffers an injury compensated under the Relevant Act. 
33.2.2 Accident make-up pay will be calculated as follows: 
(a) for each day that the teacher is or is deemed to be totally incapacitated, the teacher will be paid an amount representing the difference between the teacher's remuneration, including the total weekly award rate and any weekly overaward payments, at the date of the injury together with any variation in award rates, and the amount of compensation payable under the Relevant Act for the day in question; 
(b) for each day that the teacher is partially incapacitated, the teacher will be paid an amount representing the difference between the teacher's remuneration, including the total weekly award rate and any weekly overaward payments, at the date of the injury together with any variation in award rates, and the amount of compensation payable under the Relevant Act for the day in question together with the amount the teacher is earning or is able to earn in some suitable employment (as defined by the Relevant Act or as agreed between the parties). 

33.3 Eligibility for accident make-up pay 
In order for a teacher to be eligible for accident make-up pay in accordance with 33.2: 
(a) the teacher, or a representative of the teacher, must give notice in writing of the injury to the employer as soon as reasonably practicable; 
(b) the teacher must furnish evidence of the injury from time to time as required by the employer during the period of payment; 
(c) the teacher must advise the employer of any civil action or claim for damages the teacher may make; (d) the teacher must attend medical examinations by a legally qualified medical practitioner, provided and paid for by the employer, as required by the employer in accordance with the Relevant Act; and 
(e) the teacher must authorise the employer to obtain any information concerning the injury or compensation payable with respect to the injury from the insurance company that is liable to pay such compensation. 

33.4 When entitlement ceases 
A teacher will cease to be entitled to accident make-up pay if any of the following occur: 
(a) the teacher ceases to be compensated under the Relevant Act; 
(b) the teacher obtains a judgement or settlement for damages in respect of the injury from a third party; 
(c) there is redemption of weekly compensation payments by the payment of a lump sum benefit under the Relevant Act; 
(d) the partially incapacitated teacher fails to take reasonable steps to find alternative employment; 
(e) accident make-up pay has been paid for 39 weeks in respect of the same injury; 
(f) the teacher dies. 

33.5 Effect of termination of employment 
Termination of the employment of a teacher otherwise entitled to accident make-up pay does not affect the teacher's entitlement except where: 
(a) the termination is due to serious misconduct by the teacher; or 
(b) a partially incapacitated teacher voluntarily terminates the teacher's employment in circumstances where the employer is able and willing to offer the teacher suitable employment. 
33.6 Accident make-up pay not payable 
Accident make-up pay will not be payable: 
(a) during the first five (5) working days of incapacity; 
(b) during the first two (2) weeks of employment; 
(c) where the incapacity arises from an industrial disease contracted by a gradual process and, at the time of the incapacity, the teacher has been employed for less than four (4) weeks; or 
(d) if the teacher is on paid leave. 

34. BREAKAGE AND LOSS 

A teacher who takes reasonable care will not suffer loss of income for any accidental breakages or loss of property which occurs in the normal course of the teacher's duties. 

35. PROTECTIVE CLOTHING 

Where protective clothing is deemed necessary by the employer for the performance of duties, the employer will either provide such clothing or reimburse the teacher for cleaning costs incurred. 

36. DEDUCTIONS FOR BOARD AND LODGING 

36.1 Deduction 
The employer may deduct $8.00 per week from a teacher's salary for each week during which board and lodging is provided. 

36.2 Exception 
An exception to this is that any teacher required to be present and perform some service, exclusive of teaching or any related work, will be entitled to a reduction in the amount to de deducted for board and lodging as follows: 
(a) for each hour in any week of such service up to ten hours - a reduction of 60 cents per hour or part thereof on weekly total; 
(b) for any time in excess of ten hours in any week - a full reduction.

36.3 Maximum duty 
A teacher will not be required to perform duty under this clause for more than an average over any term of eighteen hours per week. 

A copy of this award will be conspicuously displayed. 

APPENDIX 1 - YARRA VALLEY ANGLICAN SCHOOL AGREEMENT between Yarra Valley Anglican School ("the employer") and the employees employed pursuant to the Victorian Independent Schools - Teachers - Award 1998 ("the Award") in relation to variation of the operation of the following clauses of the Award: 
Clause 6 (Definitions) 
Clause 19 (Payment of Monies) 
Clause 26 (Personal Leave) 

A. This Agreement applies to the employer and to all employees covered by the Victorian Independent Schools - Teachers - Award 1998 pursuant to the arrangements set out below. 

B. The following definition of "School Year" replaces the definition in Clause 6 (Definitions) of the Award for all purposes of the Award: "School Year" shall be the twelve months from the commencement of the first day of January in a year to the commencement of the first day of January of the following year. 

C. The following clause replaces Clause 19 (Payment of Monies) in the Award. 
19 Payment of Monies 
19.1 All monies will be paid 
(a) once each fortnight throughout the school year; or 
(b) once every four weeks during the school year provided that it is paid at the end of the first fortnight and includes payment for two weeks in arrears and two weeks in advance; or 
(c) once every month during the school year provided that such monthly payment will be made as nearly as possible on the middle of each month and provided that payment on a monthly basis will be one half month in arrears and one half month in advance. 
19.2 In advance of the monies being earned, an employer may offer a teacher the opportunity for a proportion of the teacher's wages and allowances to be paid as an employer contribution to the superannuation fund elected by the teacher. Both the employer's offer and the teacher's acceptance of that offer must be in writing. Any such employer contribution to a superannuation fund must be in addition to the employer's obligation under the Superannuation Guarantee (Administration) Act 1992. 

D. From the 25 June 1996, a teacher is entitled to sick leave in accordance with Clause 26 of the Award. Full-time teachers employed by the employer prior to 25 June 1996 will be provided with an entitlement to accumulated sick leave on the basis often (10) days per year of completed service to a maximum of 100 days. Part-time teachers will be provided with a pro-rata entitlement. Where a teacher's service includes a period of less than 12 months, the teacher will be entitled to a proportionate amount of the ten (10) days. Where a teacher has used the teacher's accumulated sick leave entitlement, the teacher may make application to the Principal for a further period of paid sick leave. The granting of such leave is at the discretion of the Principal. 

E. With the exception of clauses A, B, C and D of this Agreement, nothing in the Award or in this Agreement (as an Appendix to the Award) will operate so as to reduce the existing terms and conditions of employment of any teacher subject to the Award.

[see also Common Rule Declaration PR953700 appended to this award]

This appendix applies to the Lutheran Church of Australia Victorian District in respect of the following Lutheran Schools and employees employed in these schools pursuant to the Victorian Independent Schools - Teachers - Award 1998 (the Award).

Good Shepherd College, Macarthur Street & Mt. Napier Road, Hamilton, 3300 
The Good Shepherd Lutheran Primary School, 53-57 Plymouth Road, Croydon, 3136 
Holy Trinity Lutheran School, 920 Fifteenth Street, Mildura, 3502 
Horsham Lutheran Primary School, Trinity Drive, Horsham, 3402 
Luther College, Plymouth Road, Croydon, 3136 
Murtoa Lutheran School, 70 Duncan Street, Murtoa, 3390 
Nhill Lutheran Primary School, 2 Mackay Street, Nhill, 3418 
St. John's Lutheran Primary School, Geelong, 33 Aberdeen Street, Geelong, 3220 
St. John's Lutheran Primary School, Portland, 43-55 Tangmar Street, Portland, 3305 
St. Michael's Lutheran Primary School, Hamilton Highway, Tarrington, 3301 
St. Peter's Lutheran Primary School, Horsham Road, Dimboola, 3414 
Victory Primary School, Drages Road, Wodonga, 3690 

1. Definition of school year 
The following definition of 'School Year' replaces the definition in Clause 6 (Definitions) of the Award for all purposes of the Award: 
"School Year' will be the twelve months from the commencement of the first day of January in a year to the commencement of the first day of January, of the following year. 

2. Long service leave 
A teacher's entitlement to long service leave is outlined in clause 27 of this Award. The following subclause replaces 27.1 of the Award. 
A teacher is entitled to long service leave on ordinary pay in respect of continuous employment with the Lutheran Church of Australia Victorian District under this Award and preceding Awards in one or more of the schools listed at the commencement of this Appendix. 

3. Redundancy 
The following clause operates in conjunction with Clause 10 of the Award. 
Where suitable alternative employment is found by the employer which results in the transfer of the teacher's accrued entitlements to the new school and continuity of employment is preserved, a severance payment will not apply.

4. Superannuation 
The following clause replaces clause 22 of the Award. 
The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 
A teacher will have the employer's contribution paid to a complying fund of the teacher's choice which includes the LCA Staff Superannuation Fund and the Independent Victorian Education Superannuation Fund. 

5. Removal leave 
Where an employer requires and the teacher agrees to work. at a different location which requires the teacher to move the teacher's place of residence the teacher will not be required to attend for duty on the moving day.

SCHEDULE 1 - RESPONDENTS

RESPONDENTS TO THE VICTORIAN INDEPENDENT SCHOOLS - TEACHERS -AWARD 1998 

Adass Israel School Inc. 
In respect of 
Adass Israel School, 10 King Street Elsternwick Vic 3185 

Aitken College 
In respect of: 
Aitken College, 1010 Mickleham Road, Greenvale 3059 

Alia College 
In respect of: 
Alia College, 619 Burwood Road, Auburn 3122 

Alphington Grammar School 
In respect of 
Alphington Grammar School, 18 Heidelberg Road Alphington Vic 3078 

Andale School Incorporated 
In respect of 
Andale School, 84 Charles Street Kew 3101 

Ascension College 
In respect of: 
Ascension College , McIvor Highway, Junortoun 3551 

Association for Christian Education Mt Evelyn Inc. 
In respect of 
Mount Evelyn Christian School, 135-141 York Road Mt Evelyn Vic 3796 

Association for Christian Education of Dandenong 
In respect of 
Maranatha Christian School, Reema Boulevard Endeavour Hills Vic 3802 

Association for Christian Education of Box Hill 
In respect of 
Donvale Christian College, 155 Tindals Road Donvale Vic 3111 

Association for Christian Education of Frankston 
In respect of 
Bayside Christian College, PO Box 37 Frankston Vic 3199 

Association for Parent Controlled Christian Schools in the Diamond Valley Ltd. 
In respect of 
Plenty Valley Christian School, Yan Yean Road Doreen Vic 3754 

Bacchus Marsh Grammar Incorporated 
In respect of 
Bacchus Marsh Grammar Incorporated, PO Box 214 Bacchus Marsh Vic 3340 

Bairnsdale Christian Community School 
In respect of: 
Bairnsdale Christian Community School, 101 Bairnsdale/Dargo Road, Bairnsdale 3875 

Ballarat and Clarendon College 
In respect of 
Ballarat and Clarendon College, 1425A Sturt Street Ballarat Vic 3350 

Ballarat and Queen’s Anglican Grammar School 
In respect of 
Ballarat Grammar School 201 Forest Street Wendouree Vic 3355 

Ballarat Christian College Inc. 
In respect of: 
Ballarat Christian College, 11-13 Yarrowee Street, Sebastopol 3356 

Baptist Union of Victoria 
In respect of 
Kilvington Baptist Girls Grammar, PO Box 144 Ormond Vic 3204 

Beaconhills Christian College Ltd. 
In respect of 
Beaconhills Christian College 30-34 Toomuc Valley Road Pakenham Vic 3810 

Belgrave Heights Christian School of the Presbyterian Church of Victoria Inc. 
In respect of 
Belgrave Heights Christian School PO Box 738 Belgrave Heights Vic 3160 

Benalla Christian School Ltd. 
In respect of 
Benalla Christian School Ltd., 590 Sydney Road Benalla Vic 3671 

Berengarra School Limited 
In respect of 
Berengarra School, 583 Ferntree Gully Road Glen Waverley 3150 

Bethel Christian School 
In respect of: 
Bethel Christian School, 241 Hogan Street, Tatura 3616 

Bialik College Nominees Pty Ltd 
In respect of 
Bialik College, 429 Auburn Road East Hawthorn Vic 3123 
Bialik College, 6 Shakespere Grove Hawthorn Vic 3122 

Billanook College Ltd. 
In respect of 
Billanook College Ltd, 197-199 Cardigan Road Mooroolbark Vic 3138 

Braemar College Limited 
In respect of 
Braemar College, Mt Macedon Road Woodend Vic 3442 

Brighton Montessori School Inc. 
In respect of: 
Brighton Montessori School, 741 Hawthorn Road, Brighton East 3187 

Camberwell Anglican Girls Grammar School 
In respect of 
Camberwell Anglican Girls’ Grammar School 2 Torrington Street Canterbury Vic 3126 
Camberwell Anglican Girls’ Grammar School - Ormiston House 17 St. John’s Avenue Mont Albert Vic 3129 

Canaan College 
In respect of: 
Canaan College, Amery Road, Thoona 3726 

Carey Baptist Grammar School Ltd. 
In respect of 
Carey Baptist Grammar School, 349 Barkers Road Kew Vic 3101 
Carey Baptist Grammar School, 9 Era Court Donvale Vic 3111 

Castlemaine Steiner School 
In respect of 
Castlemaine Steiner School Cnr. Rilens Road & Pyrenees Highway Castlemaine Vic 3450 

Caulfield Montessori School Ltd. 
In respect of 
Caulfield Montessori School; 6 Roselea Street South Caulfield Vic 3162 

Central Goldfields Chrisatian College Inc. 
In respect of 
Central Goldfields Christian College, 46 Gillies Sreet Maryborough 3465 

Child and Family Care Network 
In respect of 
Frank Cheshire Education Centre 583 Ferntree Gully Road Glen Waverley 3150 

Christian College Geelong 
In respect of 
Christian College Highton, PO Box 146 Belmont Vic 3216 

Christian Community College - Portland Limited, The 
In respect of 
Bayview College, PO Box 256 Portland Vic 3305 

Christian Community College (Maryborough) Ltd. 
In respect of 
Highview Christian Community College 21 Kars Street Maryborough Vic 3465 

Christ Church Grammar School 
In respect of 
Christ Church Grammar School, PO Box 392 South Yarra Vic 3141 

Coonara Children’s Community Co-Operative Society Limited 
In respect of 
Coonara Community School, PO Box 37 Upper Ferntree Gully Vic 3156 

Cranbourne Christian College 
In respect of: 
Cranbourne Christian Community College, New Holland Drive, Cranbourne 3977 

Creek Street Christian College 
In respect of 
Creek Street Christian College, 91 Creek Street Bendigo Vic 3550 

The Currajong School Limited 
In respect of 
The Currajong School, 90 Darling Road East Malvern 3145 

Dandenong Ranges Steiner School 
In respect of: 
Dandenong Ranges Steiner School, PO Box 546, Belgrave 3160 

Darul Ulum College of Victoria Inc. 
In respect of: 
Darul Ulum College of Victoria Inc., PO Box 130, Fawkner 3060 

East Preston Islamic College 
In respect of: 
East Preston Islamic College, 55 Tyler Street, Preston East 3072. 

Eltham Christian School Incorporated 
In respect of 
Eltham Christian School Incorporated, PO Box 242 Eltham Vic 3095 

Eltham College Ltd. 
In respect of Eltham College, PO Box 40 Eltham Vic 3095 

Fintona Girls’ School 
In respect of 
Fintona Girls’ School, 79 Balwyn Road Balwyn Vic 3103 

Firbank Anglican School 
In respect of 
Firbank Anglican School, 51 Outer Crescent Brighton Vic 3186 
Firbank Anglican School - Sandringham House, 45 Royal Avenue Sandringham Vic 3191 

Fitzroy Community School Co-operative Ltd. 
In respect of 
Fitzroy Community School 597 Brunswick Street North Fitzroy Vic 3068

Flinders Christian Community College Incorporated Association 
In respect of 
Flinders Christian Community College PO Box 45 Tyabb Vic 3913 

Frank Dando Sports Academy 
In respect of 
Frank Dando Sports Academy 33 Raymond Street Ashwood 3147 

Geelong Association for Parent Controlled Christian Education 
In respect of 
Covenant College Creamery Road Mail Centre Geelong Vic 3221 

Ghilgai School Ltd. 
In respect of 
Ghilgai School Lot 3 Liverpool Road Kilsyth South Vic 3137 

Girton Grammar School Limited 
In respect of 
Girton Grammar School 105 MacKenzie Street Bendigo 3550 

Goulburn Valley Grammar School Ltd. 
In respect of 
Goulburn Valley Grammar School, PO Box 757 Shepparton Vic 3632 

Greek Orthodox Community of Oakleigh and District Inc., The 
In respect of 
Oakleigh Greek Orthodox College 73-81 Willesden Road Oakleigh Vic 3166 

Hamilton College 
In respect of 
Hamilton College; PO Box 286 Hamilton Vic 3300 

Heathdale Christian College Ltd. 
In respect of 
Heathdale Christian College PO Box 1042 Werribee Plaza Hoppers Crossing Vic 3030 

Huntingtower School Association 
In respect of 
Huntingtower School Association PO Box 192 Mt Waverley Vic 3149 

Ilim College 
In respect of 
Ilim College, 30 Inverloch Crescent, Broadmeadows 3947 
NOTE: Respondency to this award in respect of Ilim College will commence and have effect from 1 February 2001. 

Isik College 
In respect of 
Isik College, Goulburn Street, Broadmeadows 3047 
Isik College, Thrush Street, Norlane 3214 

Iskcon Ltd 
In respect of 
Bhaktivedanta Swami Gurukula School ‘Oakhill’ Deans Marsh Road Bambra Vic 3241 

Islamic College of Noble Park Inc. 
In respect of 
Minaret College Inc., PO Box 849 Noble Park Vic 3174 

Islamic School of Victoria (Werribee College Inc., The) 
In respect of 
The Islamic Schools of Victoria (Werribee College) Inc. PO Box 1103 Werribee Plaza Vic 3030 

Ivanhoe Girls’ Grammar School, The 
In respect of 
Ivanhoe Girls’ Grammar School 123 Marshall Street Ivanhoe Vic 3079 

Japanese School of Melbourne, The 
In respect of 
The Japanese School of Melbourne 6 Ellington Street Caulfield South Vic 3162 

Katandra Farm School Ltd. 
In respect of 
Milbi Independent School RMB 2030 Katandra West Vic 3634 

Kerang Christian Community School Ltd 
In respect of 
Kerang Christian Community School PO Box 180, Kerang Vic 3579 

Kilmore International School Pty. Ltd., The 
In respect of 
Kilmore International School, The PO Box 163 Kilmore Vic 3764 

King David School Ltd. 
In respect of 
King David School, The PO Box 286 Malvern Vic 3144 
King David School, The 117 Kooyong Road Armadale Vic 3143 

King Khalid Islamic College of Victoria Inc. 
In respect of 
King Khalid Islamic College 653 Sydney Road Coburg Vic 3058 

Kingswood College Limited 
In respect of 
Kingswood College PO Box 166 Box Hill Vic 3128 

Korowa Anglican Girls School 
In respect of 
Korowa Anglican Girls’ School Ranfurlie Crescent Glen Iris Vic 3146 

Lauriston Girls’ School 
In respect of 
Lauriston Girls’ School PO Box 110 Armadale Vic 3143 

Learning Co-operative Ltd 
In respect of 
Learning Co-operative Ltd PO Box 140 Hurstbridge Vic 3099 

Leibler Yavneh College 
In respect of 
Leibler Yavneh College PO Box 164 Caulfield Sth Vic 3162 

Leongatha Association for Parent Controlled Christian Education 
In respect of 
Leongatha Christian School PO Box 283 Leongatha Vic 3953 

Life Ministry Centre Limited 
In respect of 
Oxley College PO Box 553 Lilydale Vic 3140 

Lighthouse Christian College 
In respect of 
Lighthouse Christian College PO Box 305 Springvale Vic 3171 

Little St Margaret’s Ltd. 
In respect of 
Little St Margaret’s Ltd., 29 Mayfield Avenue Malvern Vic 3144 

Little Yarra Steiner School Limited 
In respect of 
Little Yarra Steiner School, 205 Little Yarra Road Yarra Junction Vic 3797 

Lowther Hall Anglican Grammar School 
In respect of 
Lowther Hall Anglican Grammar School PO Box 178 Essendon Vic 3040 

Lutheran Church of Australia Victorian District 
In respect of 
Good Shepherd College Macarthur Street Hamilton 3300 
Good Shepherd College Mt. Napier Road, Hamilton, 3300 
The Good Shepherd Lutheran Primary School 53-57 Plymouth Road Croydon 3136 
Holy Trinity Lutheran School 920 Fifteenth Street Mildura 3502 Horsham 
Lutheran Primary School Trinity Drive Horsham 3402 
Luther College Plymouth Road Croydon 3136 
Murtoa Lutheran School 70 Duncan Street Murtoa 3390 
Nhill Lutheran Primary School 2 Mackay Street Nhill 3418 
St. John’s Lutheran Primary School, Geelong 33 Aberdeen Street Geelong 3220 
St. John’s Lutheran Primary School, Portland 43-55 Tangmar Street Portland 3305 
St. Michael’s Lutheran Primary School Hamilton Highway Tarrington 3301 
St. Peter’s Lutheran Primary School Horsham Road Dimboola 3414 
Victory Primary School Drages Road Wodonga 3690 

Mansfield Steiner School Incorporated, The 
In respect of 
Mansfield Steiner School PO Box 679 Mansfield Vic 3724 

Malvern Community School Cooperative Limited 
In respect of 
Malvern Community School Cooperative Limited 12 Pine Grove Malvern Vic 3144 

McDonalds Track Christian Community Inc 
In respect of 
Hillcrest Christian College RSD McDonalds Track Nyora Vic 3987 

Melbourne Girls Grammar School - an Anglican School 
In respect of 
Melbourne Girls Grammar 82 Anderson Street South Yarra Vic 3141 

Melton Christian Centre Ltd. 
In respect of 
Melton Christian College PO Box 88 Melton Vic 3337 

Mentone Girls’ Grammar School 
In respect of 
Mentone Girls’ Grammar School PO Box 42 Mentone Vic 3194 

Merrivale Independent Primary School 
In respect of 
Merrivale Independent Primary School PO Box 169 Surrey Hills Vic 3127 

Methodist Ladies’ College 
In respect of 
Methodist Ladies’ College 207 Barkers Road Kew Vic 3101 

Moonee Vale Christian School 
In respect of 
Moonee Vale Christian School PO Box 315 Moonee Ponds Vic 3039 

Mount Carmel Christian School Co-op Ltd 
In respect of 
Mount Carmel Christian School PO Box 32 Yackandandah Vic 3749 

Mount Scopus Memorial College Limited 
In respect of 
Mount Scopus Memorial College 
245 Burwood Highway Burwood 3125 
1 Feodore Street Caulfield South 3162 
15 Mayfield Street St Kilda East 3182 

Mountain District Parent Controlled Christian School Association 
In respect of 
Mountain Distrtict Christian School PO Box 483 Monbulk Vic 3793 

Mowbray College Limited 
In respect of 
Mowbray College PO Box 172 Melton Vic 3337 

Newhaven College Pty. Ltd. 
In respect of 
Newhaven College Boys Home Road Newhaven Vic 3925 

Northside Christian College 
In respect of 
Northside Christian College PO Box 100 Bundoora Vic 3083 

Open House Christian School 
In respect of: 
Open House Christian School, PO Box 1052, Epping 3076 

Overnewton Anglican Community College Ltd. 
In respect of 
Overnewton Anglican Community College Overnewton Road Keilor Vic 3036 

Penbank Incorporated 
In respect of 
Penbank School Tyabb Road Moorooduc Vic 3933 

Peninsula School, The 
In respect of 
Peninsula School, The Wooralla Drive Mount Eliza Vic 3930 

Penleigh and Essendon Grammar School 
In respect of 
Penleigh and Essendon Grammar School PO Box 417 Niddrie Vic 3042 Essendon Grammar School PO Box 417 Niddrie Vic 3042 

Plenty Valley Montessori School Association 
In respect of 
Plenty Valley Montessori School 315 Acqueduct Road Diamond Creek Vic 3089 

Presbyterian Ladies’ College 
In respect of 
Presbyterian Ladies’ College Burwood Highway Burwood Vic 3125 

Presbyterian School of St Andrew Limited, The 
In respect of 
Presbyterian School of St Andrew, The PO Box 11 Surrey Hills Vic 3127 

Preshil The Margaret Lyttle Memorial School 
In respect of 
Preshil The Margaret Lyttle Memorial School 395 Barkers Road Kew Vic 3101 

Reachout Enterprises Ltd. 
In respect of 
Olivet Christian College Main Road Campbell’s Creek Vic 3451 

River City Christian College 
In respect of 
River City Christian College Rose Street Echuca Vic 3564 

Rossbourne School 
In respect of 
Rossbourne School 131 Power Street Hawthorn 3122 

Ruyton 
In respect of 
Ruyton Girls’ School 12 Selbourne Road Kew Vic 3101 

St Andrew’s Private School Ltd. 
In respect of 
St Andrew’s Private School 139 Noble Street Geelong Vic 3220 

St Anne’s and Gippsland Grammar School, The 
In respect of 
St Anne’s and Gippsland Grammar School, The PO Box 465 Sale Vic 3850 

St Anthony’s Coptic Orthodox College Inc. 
In respect of: 
St Anthony’s Coptic Orthodox College, Alpina Street, Frankston North 3200 

St Catherine’s School 
In respect of 
St Catherine’s School, 17 Heyington Place Toorak Vic 3142 

St John’s Greek Orthodox College 
In respect of 
St John’s Greek Orthodox College 21-27 Railway Place West Preston Vic 3072 
St John’s Hellenic College 21-27 Railway Place West Preston Vic 3072 

St Leonard’s College 
In respect of 
St Leonard’s College 163 South Road Brighton East Vic 3187 
St Leonard’s College - Paterson River Campus Riverend Road Patterson River Vic 3189 

St Margaret’s School 
In respect of 
St Margaret’s School, PO Box 138 Berwick Vic 3806 

St Mary’s Coptic Orthodox College 
In respect of 
St Mary's Coptic Orthodox College 19-35 Thorpedale Street Coolaroo Vic 3048 

St Michael’s Grammar School 
In respect of 
St Michael’s Grammar School 20 Redan Street St Kilda Vic 3182 

St Paul’s Church of England Grammar School (West Gippsland) Ltd. 
In respect of 
St Paul’s Anglican Grammar School PO Box 332 Warragul Vic 3820 

St Paul’s School 
In respect of 
St Paul’s School ‘Woodleigh’ Golf Links Road Baxter Vic 3911 
St Paul’s School ‘Minimbah’ Minimbah Court Frankston Vic 3199 

Sebastopol Christian Community School Inc. 
In respect of 
Sebastopol Christain Community College 261 Albert Street Sebastopol Vic 3356 

Seymour Christian College 
In respect of: 
Seymour Christian College, PO Box 396 Seymour 3661 

Shepparton Christian Community School 
In respect of: 
Shepparton Christian Community School, PO Box 315 Shepparton 3632 

Sholem Aleichem College 
In respect of 
Sholem Aleichem College 11 Sinclair Street Elsternwick Vic 3185 

Shelford Anglican Girls’ School 
In respect of 
Shelford Anglican Girls’ School 3 Hood Crescent Caulfield Vic 3161 

Society of St Pius X Ltd 
In respect of: 
St Thomas Aquinas College, 1 Tynong Road, Tynong 3813 

Son Centre Christian School Ltd. 
In respect of 
Son Centre Christian School Aerodrome Road Swan Hill Vic 3585 

Sophia Mundi Ltd. 
In respect of 
Sophia Mundi Rudolf Steiner School 73-95 Nicholson Street Abbotsford Vic 3067 

Strathcona Baptist Girls Grammar School Limited 
In respect of 
Strathcona Baptist Girls Grammar School Limited P O Box 46 Canterbury Vic 3126 

Sunbury Christian Community School 
In respect of: 
Sunbury Christian Community School, Rear 27-37 Anderson Road, Sunbury North 3429 

Sunshine Christian School 
In respect of 
Sunshine Christian School PO Box 322 Sunshine Vic 3020 

Tarlina Community School 
In respect of 
Tarlina Community School Cnr. Rainy Hills & Evans Roads Cockatoo Vic 3781 

Taylor’s Schools Ltd. 
In respect of 
Taylor’s College PO Box 6178 St Kilda Road Central Vic 3004 
The Knox School PO Box 4508 Knox City Shopping Centre Wantirna Vic 3152 

The Early Learners’ School 
In respect of: 
The Early Learners’ School, 61 Mason Street, Newport 3015 

Tintern Anglican Girls’ Grammar School 
In respect of 
Tintern Anglican Girls’ Grammar School PO Box 26 Ringwood East Vic 3135 

Toorak College 
In respect of 
Toorak College PO Box 150 Mt Eliza Vic 3930 

Triple R School Co-operative Limited 
In respect of 
Triple R School Co-operative Limited PO Box 176 Macedon Vic 3440 

Valley Christian Community School Incorporated, The 
In respect of 
Valley Christian Community School, The PO Box 637 Morwell Vic 3840 

Victory Christian College Inc. 
In respect of 
Victory Christian College, 2 Marnie Road, Bendigo 3550 

Village School Incorporated 
In respect of 
Village School Incorporated 9-13 Holloway Road North Croydon Vic 3136 

Warrnambool Presbyterian School Ltd. 
In respect of 
King’s College PO Box 681 Warrnambool Vic 3280 

Warragul District Parent Controlled Christian School Association Inc. 
In respect of 
Chairo Christian School PO Box 93 Drouin Vic 3818 

Waverley Christian College Incorporated 
In respect of 
Waverley Christian College PO Box 395 Vermont Vic 3133 

Wesley College Melbourne 
In respect of 
Wesley College 577 St Kilda Road Prahran Vic 3181 
Wesley College 620 High Street Road Glen Waverley Vic 3150 
Wesley College (Cato) 5 Gladstone Parade Elsternwick Vic 3185 

Westbourne and Williamstown Grammar School 
In respect of 
The Westbourne School PO Box 37 Werribee Vic 3030 
Westbourne and Williamstown Grammar PO Box 37 Werribee Vic 3030 

Westernport Christian School Incorporated 
In respect of 
Westernport Christian School PO Box 6 Tyabb Vic 3913 

Wheatland District Church Inc 
In respect of 
Warracknabeal Christian Community School PO Box 16 Warracknabeal Vic 3393 

Worawa Aboriginal College Association Inc. 
In respect of 
Worowa Aboriginal College Cnr. Dalry & Piccaninny Roads Healesville Vic 3777 

Yarra Valley Anglican School 
In respect of 
Yarra Valley Anglican School Kalinda Road Ringwood Vic 3134 

Yarralinda School Incorporated 
In respect of 
Yarralinda School Incorporated 4 Birchwood Drive Mooroolbark Vic 3138 

Yeshivah and Beth-Rivkah Colleges Inc. 
In respect of 
Yeshivah College 92 Hotham Street East St Kilda Vic 3182 
Beth Rivkah Ladies’ College 14 Balaclava Road East St Kilda Vic 3182 
Yeshivah and Beth Rivkah Colleges - Doncaster Jewish Day School 6 High Street Doncaster Vic 3108

Further to the decision issued by the Commission on 2 December 2004 [PR953695] and pursuant to ss.141 and 493 A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award: 

1. In this Declaration: 

1.1 the award means the Victorian Independent Schools - Teachers - Award 1998, as varied from time to time; 

1.2 employees means employees in the industry who perform work of a kind that is covered by the award; 

1.3 employers means employers who employ employees; 

1.4 the industry means the industry of education with respect to non-government schools that have been granted 'approval for opening', or registration, by the Registered Schools Board under the Education Act 1958 (Vie.), as varied from time to time, but excludes non-government Catholic schools. 

2. That save for and subject to the matters referred to in clauses 4 to 8 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be: 

2.1 a common rule for the industry in Victoria and known as the Victorian Independent Schools - Teachers - Common Rule Declaration 2005; 

2.2 binding on all employers in respect of the employment by them of employees; 

2.3 binding on all employees; and 

2.4 binding on the Independent Education Union of Australia. 

3. The following clauses of the award are not included in the Victorian Independent Schools - Teachers - Common Rule Declaration 2005: 

3.1 clause 3 - Commencement date of award and period of operation; 

3.2 clause 4 - Coverage of award; 

3.3 clause 5 - Parties bound, insofar as it refers to employer parties bound by the award; 

3.4 clause 6 - Definitions, insofar as it refers to the definition of School Year. The definition of School Year, for the purposes of this declaration, is as follows: 

3.4.1 School Year means the twelve months from the commencement of the first day of February in a year to the commencement of the first day of February of the following year unless:

3.4.1(a) prior to the commencement of this declaration, an employer defined the School Year to be a calendar year. In which case, the employer may define the School Year as the calendar year for employees employed prior to, and first employed on or after, the commencement of this declaration; or 

3.4.1(b) prior to the commencement of this declaration, an employer defined the School Year to be a calendar year. In which case, the employer may define the School Year as the calendar year for employees employed prior to the commencement of this declaration and apply the School Year definition of this provision to all employees employed on or after the commencement of this declaration; or 

3.4.1(c) the employer changed the School Year from a calendar year from a date earlier than the commencement of this declaration. In which case, the School Year for all employees employed prior to that date will be the calendar year and for all employees employed on or after that date, the School Year will be from the first day of February in a year to the commencement of the first day of February of the following year. 

3.5 clause 22 - Superannuation, in respect of clauses 22.2, 22.3 and 22.4; 

3.6 clause 27 - Long service leave, in respect of clause 27.6.2(a) (Service prior to 1 February 1997); 

3.7 Appendix 1 - Yarra Valley Anglican School; and 

3.8 Appendix 2 - Victorian Lutheran Schools. 

4. The Victorian Independent Schools - Teachers - Common Rule Declaration 2005 shall not apply to: 

4.1 the Seventh-day Adventist Schools (Victoria) Limited system in respect of: 

4.1.1 clause 27.1 of the award, which is replaced by: A teacher is entitled to long service leave on ordinary pay in respect of continuous employment with one or more schools in the Seventh-day Adventist school systems in Australia. 

4.1.2 clause 10 of the award, which operates in conjunction with the following clause: Where acceptable alternative employment is found by the employer that results in the transfer of a teacher's accrued entitlements to the new school of a Seventh-day Adventist school system in Australia and continuity of employment is preserved, a severance payment will not apply. 

5. Subject to 5.1 to 5.5 below, all provisions in the Victorian Independent Schools -Teachers - Common Rule Declaration 2005 are to operate from 1 January 2005. 

5.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

5.2 With respect to redundancy payments for employees of employers who have fewer than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating service. 

5.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.] 

5.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004. 

5.5 The wages clauses (including all allowances) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005. 

6. The Victorian Independent Schools - Teachers - Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award. 

7. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.] 

8. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below.] 

9. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Victorian Independent Schools - Teachers - Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a Member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms. 

9.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission. 

9.2 This clause shall apply for a period of twelve months from the commencement date of the Victorian Independent Schools - Teachers - Common Rule Declaration 2005. 

9.3 Any registered organisation bound by the terms of the Victorian Independent Schools -Teachers - Common Rule Declaration 2005 shall be notified of the tune and date of hearing in relation to any application made pursuant to this provision.

10. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 11 below. 

11. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below.] 

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme. 

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment. 

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops. 

Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, "existing arrangements" includes the making of contributions to such funds. 

2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption. 

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule. 

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of their membership of an employer organisation.

5. The exemption applies subject to any Commonwealth legislation to the contrary. 

Note 3

Subject to s.113 of the Workplace Relations Act 1996 and any other order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996.)